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FRANKLIN TP. v. COM., DEPT. OF ENV. RESOURCES

500 Pa. 1 (1982)

452 A.2d 718

FRANKLIN TOWNSHIP and County of Fayette, Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, and Elwin Farms, Inc., Appellees.

Supreme Court of Pennsylvania.

Decided December 1, 1982.

Attorney(s) appearing for the Case

Michael J. Macko, Sol., Franklin Tp., Connellsville, Philip T. Warman, Sol., Fayette County, Uniontown, for appellants.

Paul E. Walters, Chairman, Environmental Hearing Bd., Harrisburg, Howard J. Wein, Asst. Atty. Gen., Dept. of Environmental Resources, Pittsburgh, for appellees.

Robert J. Shostak, Bernard Chanin, Philadelphia, for Elwin Farms, Inc.

Thomas L. Wenger, John R. Fenstermacher, Wix, Wenger & Weidner, Harrisburg, amicus curiae for Pennsylvania State Ass'n of Tp. Sup'rs.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY, McDERMOTT and HUTCHINSON, JJ.

OPINION

LARSEN, Justice.

On May 2, 1980, the Commonwealth of Pennsylvania, Department of Environmental Resources (DER) issued a permit for solid waste disposal and/or processing facility (Permit No. 300728) to Elwins Farms, Incorporated. The permit pertains to a facility called Elwin Farms Industrial Residue Processing Site located in Franklin Township, Fayette County, Pennsylvania. The permit was issued pursuant to an application received by the DER on...

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